Published: Thursday, August 21, 2014 at 10:45 a.m.

Last Modified: Thursday, August 21, 2014 at 10:45 a.m.

Ocala City Councilman Jim Hilty said he will ask that the saggy pants ordinance be repealed when the City Council meets Tuesday morning for a special meeting to discuss the controversial issue.

Hilty said he believes the ordinance should be repealed "because I think it's going to be too ambiguous down the road to enforce."

It takes a majority vote of council to repeal an ordinance. Although they may not vote in workshop meetings, council members may vote in special council meetings.

Both Hilty and Councilman Brent Malever requested the special meeting.

Mayor Kent Guinn on Thursday morning signed the notice requesting the special meeting as required under section 2.11 of the Ocala City Charter.

On July 15, the council voted 4-0 to pass the ordinance, which prohibits anyone on city property from wearing his or her pants two inches below the natural waist in a way that exposes underwear or bare buttocks. City property includes sidewalks, roadways, parks, buildings, etc. that are owned or leased or under the control of the city. Council President John McLeod was absent from that meeting. The penalty for violating the ordinance is up to a $500 fine and up to 60 days in jail.

Since its enactment, the ordinance has generated considerable controversy from people who oppose, saying it is unconstitutional and will target young African-American males, and from others who support the ordinance saying it is needed because it is offensive to see people's underwear.

Apparently Hilty and Malever have had a change of heart since voting for the ordinance, which was proposed by Councilwoman Mary Sue Rich.

"I think we all voted for support of Mary Sue Rich and what she is trying to do," Hilty said. "It's becoming obvious an ordinance is not the way to go."

He said the way to get people to pull up their pants is through education and that churches, schools and community groups should help with that education.

Malever concurs.

"I voted for it because Mrs. Rich had a passion for it and she worked on it for years," Malever said. "I never gave it a second thought until I walked out. Because of her passion I voted (for it). That doesn't mean I can't un-vote. I don't want to take away people's freedom or force on them anything that's not legal."

Both Hilty and Malever said they wanted to move the issue forward quickly.

"My feeling is we can't wait. We need to get the discussion going," Hilty said. "A lot of people are concerned in both directions on it. I just don't want it to continue to fester until (the regularly scheduled council meeting) Sept. 4th."

Hilty said many people are concerned about the backlash to the fatal shooting of a young black male by a police officer in Ferguson, Missouri. He said that although he did not think such a backlash would happen in Ocala or that police would target anyone, he wants to put the ordinance to rest.

Rich, who is black, said the ordinance is for all people, not just black youth. She said the saggy pants are disrespectful. She also has said that young black men might have a better chance of getting a job if they had their pants pulled up.

She said Thursday she is not happy the mayor has called the special meeting and will continue to support the ordinance.

"Naturally, I don't want to keep bringing it up and bringing it up," Rich said. "(Guinn) has the authority to do that, so I guess we will listen. I don't necessarily like it, but that's the way it is."

Malever wants the issue resolved.

"There's too many unanswered questions about the legality that we need to put to rest," Malever said. "My thoughts are we have a lot more to worry about now in the city than this. It's dragging on and on and it's no sense in keeping it that way. We have other things. We have the budget. We have projects coming up. We can't keep letting this drag on."

Malever said he spent three days going around town asking people their thoughts about the ordinance.

"They said it should not have even come up," Malever said.

He also said he does not want to spend money on attorneys' fees if the ordinance is challenged, which some have said they would do if someone were arrested. He also said that City Attorney Patrick Gilligan opined that the chances of winning such a suit is 50/50.

Malever said that even if the city won a challenge, it likely would be appealed and that would cost more money to defend.

"It's not a win situation," Malever said.

Council President John McLeod and Councilman Jay Musleh said they would have preferred to discuss the matter at a regularly-scheduled council meeting and do not understand why a special meeting is necessary.

"I am assuming that one of the council members is going to ask to repeal it. That's my assumption," McLeod said. "I would not have voted for it from the beginning because I thought it was a mess, not because I like baggy pants, because I don't."

He said he has heard from people on both sides of the issue.

"I will bet you I heard 50/50 right down the middle," McLeod said. "We already have a nudity ordinance. That's another reason I was apprehensive about the thing."

Musleh also questioned the need for a special meeting.

"I think anybody in the room could see there's going to be more dialog on it," Musleh said about the council meeting that took place Tuesday.

He said he is getting emails and comments from people who are applauding the ordinance.

"They are not the ones that step up at the podium, but there are a fair amount of people that feel we did the right thing," Musleh said. "You are not going to please 100 percent of the constituents."

Ocala Police Chief Greg Graham said his officers will not enforce the ordinance until the council has completed its debate. He said it would not be fair to cite someone under the ordinance should the ordinance be repealed.

The special council meeting will begin at 10 a.m. Tuesday in Council Chambers on the second floor of City Hall, 110 SE Watula Ave.

<p>Ocala City Councilman Jim Hilty said he will ask that the saggy pants ordinance be repealed when the City Council meets Tuesday morning for a special meeting to discuss the controversial issue.</p><p>Hilty said he believes the ordinance should be repealed "because I think it's going to be too ambiguous down the road to enforce."</p><p>It takes a majority vote of council to repeal an ordinance. Although they may not vote in workshop meetings, council members may vote in special council meetings.</p><p>Both Hilty and Councilman Brent Malever requested the special meeting.</p><p>Mayor Kent Guinn on Thursday morning signed the notice requesting the special meeting as required under section 2.11 of the Ocala City Charter.</p><p>On July 15, the council voted 4-0 to pass the ordinance, which prohibits anyone on city property from wearing his or her pants two inches below the natural waist in a way that exposes underwear or bare buttocks. City property includes sidewalks, roadways, parks, buildings, etc. that are owned or leased or under the control of the city. Council President John McLeod was absent from that meeting. The penalty for violating the ordinance is up to a $500 fine and up to 60 days in jail.</p><p>Since its enactment, the ordinance has generated considerable controversy from people who oppose, saying it is unconstitutional and will target young African-American males, and from others who support the ordinance saying it is needed because it is offensive to see people's underwear.</p><p>Apparently Hilty and Malever have had a change of heart since voting for the ordinance, which was proposed by Councilwoman Mary Sue Rich.</p><p>"I think we all voted for support of Mary Sue Rich and what she is trying to do," Hilty said. "It's becoming obvious an ordinance is not the way to go."</p><p>He said the way to get people to pull up their pants is through education and that churches, schools and community groups should help with that education.</p><p>Malever concurs.</p><p>"I voted for it because Mrs. Rich had a passion for it and she worked on it for years," Malever said. "I never gave it a second thought until I walked out. Because of her passion I voted (for it). That doesn't mean I can't un-vote. I don't want to take away people's freedom or force on them anything that's not legal."</p><p>Both Hilty and Malever said they wanted to move the issue forward quickly.</p><p>"My feeling is we can't wait. We need to get the discussion going," Hilty said. "A lot of people are concerned in both directions on it. I just don't want it to continue to fester until (the regularly scheduled council meeting) Sept. 4th."</p><p>Hilty said many people are concerned about the backlash to the fatal shooting of a young black male by a police officer in Ferguson, Missouri. He said that although he did not think such a backlash would happen in Ocala or that police would target anyone, he wants to put the ordinance to rest.</p><p>Rich, who is black, said the ordinance is for all people, not just black youth. She said the saggy pants are disrespectful. She also has said that young black men might have a better chance of getting a job if they had their pants pulled up.</p><p>She said Thursday she is not happy the mayor has called the special meeting and will continue to support the ordinance.</p><p>"Naturally, I don't want to keep bringing it up and bringing it up," Rich said. "(Guinn) has the authority to do that, so I guess we will listen. I don't necessarily like it, but that's the way it is."</p><p>Malever wants the issue resolved.</p><p>"There's too many unanswered questions about the legality that we need to put to rest," Malever said. "My thoughts are we have a lot more to worry about now in the city than this. It's dragging on and on and it's no sense in keeping it that way. We have other things. We have the budget. We have projects coming up. We can't keep letting this drag on."</p><p>Malever said he spent three days going around town asking people their thoughts about the ordinance.</p><p>"They said it should not have even come up," Malever said.</p><p>He also said he does not want to spend money on attorneys' fees if the ordinance is challenged, which some have said they would do if someone were arrested. He also said that City Attorney Patrick Gilligan opined that the chances of winning such a suit is 50/50.</p><p>Malever said that even if the city won a challenge, it likely would be appealed and that would cost more money to defend.</p><p>"It's not a win situation," Malever said.</p><p>Council President John McLeod and Councilman Jay Musleh said they would have preferred to discuss the matter at a regularly-scheduled council meeting and do not understand why a special meeting is necessary.</p><p>"I am assuming that one of the council members is going to ask to repeal it. That's my assumption," McLeod said. "I would not have voted for it from the beginning because I thought it was a mess, not because I like baggy pants, because I don't."</p><p>He said he has heard from people on both sides of the issue.</p><p>"I will bet you I heard 50/50 right down the middle," McLeod said. "We already have a nudity ordinance. That's another reason I was apprehensive about the thing."</p><p>Musleh also questioned the need for a special meeting.</p><p>"I think anybody in the room could see there's going to be more dialog on it," Musleh said about the council meeting that took place Tuesday.</p><p>He said he is getting emails and comments from people who are applauding the ordinance.</p><p>"They are not the ones that step up at the podium, but there are a fair amount of people that feel we did the right thing," Musleh said. "You are not going to please 100 percent of the constituents."</p><p>Ocala Police Chief Greg Graham said his officers will not enforce the ordinance until the council has completed its debate. He said it would not be fair to cite someone under the ordinance should the ordinance be repealed.</p><p>The special council meeting will begin at 10 a.m. Tuesday in Council Chambers on the second floor of City Hall, 110 SE Watula Ave.</p><p><i>Contact Susan Latham Carr at 867-4156 or susan.carr@starbanner.com.</i></p>